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HoUinger Corp. 
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65th Congress, | SENATE. J Document 

1st Session. j" •( No. 37. 




THE ESPIONAGE BILL. 



Mr. Overman submitted the following 

CONFERENCE REPORT ON THE BILL (H. R. 291) TO PUNISH ACTS 
OE INTERFERENCE WITH THE FOREIGN RELATIONS, THE 
NEUTRALITY, AND THE FOREIGN COMMERCE OF THE UNITED 
STATES, TO PUNISH ESPIONAGE AND BETTER TO ENFORCE 
THE CRIMINAL LAWS OF THE UNITED STATES, AND FOR 
OTHER PURPOSES. 



May 29, 1917. — Ordered to be printed. 

The committee of conference on the disagreeing votes of the two 
Houses on the amendment of the Senate to the bill (H. R. 291) to 
punish acts of interference with the foreign relations, the neutrality, 
and the foreign commerce of the United States, to punish espionage, 
and better to enforce the criminal laws of the United States, and for 
other purposes, having met, after full and free conference have 
agreed to recommend and do recommend to their respective Houses 
as follows: 

That the House recede from its disagreement to the amendment 
of the Senate and agree to the same with an amendment as follows : 

In lieu of the matter inserted by said amendment insert the fol- 
lowing : 

Title I. 

Espionage. 

Seetion 1. That (a) whoever^ for the purpose of oMaining in- 
formation respecting the- national defense with intent or reason to 
believe that the information to he obtained is to be used to the 
Injury of the United States .^ or to the advantage of any foreign 
nation., goe^ upon., enters., flies over, or otherwise obtains information 
concerning any vessel., aircraft., work of defense., navy yard., naval 
station, submarine base., coaling station, fort., battery., torpedo sta- 
tion., dockyard., canal, railroad, arsenal, cam/p, factory, mine, tele- 
I graph, telephone, wireless, or signal station, building, office, or other 
\ place connected loith the national defense, owned or constructed, 
I ^y, ^*^ progress of constimction by the United States or under the 
' control of the United States, or of any of its officers or agents, or 
ivithin the exclusive jurisdiction of the United States, or any place 
in which any vessel, aircraft, arms, munitions, or other materials or 
, instruments for use in time of war are being m,ade, prepared, 'repaired. 



'? 
2 ESPIONAGE BILL. '/^, {^ 

or stored, U7ider any contract or acjreement vnth the United States, or 
with any person on 'behalf of the United States, or otherwise on 
behalf of the United States, or any 'prohibited place toith/in the 
meaning of section seven of this title; or (h) vjhoever for the pur- 
pose aforesaid, and with like intent or reason to believe, copies, takes, 
inakes, or obtains, or atteinpts, or induces or aids another to copy, 
take, make, or obtain, any sketch, photograph, photographic nega- 
tive, blue print, plan, map, model, instrument, appliance, document, 
■writing, or note of anything connected loith the national defense ; 
or (c) whoever, for the purpose aforesaid, receives or obtains or 
agrees or attempts or induces or aids another to receive or obtain 
from any person, or from any source ichatever, any document, writ- 
ing, code book, signal book, sketch, photograph, photographic nega- 
tive, blue print, plan, map, model, instrument, upplicmce, or note, 
of anything connected with the national defense, knoioing or having 
reason to believe, at the time he receives or obtains, or agrees or 
attempts or induces or aids another to re'ceive or obtain it, that it 
has been or will be obtained, taken, made or disposed of by any 
person contrary to the provisions of this title; or {d) ivhoever, l<iv> 
fully or untawfuUy having possession of, access to, control over, 
or being intrusted with any docwrnent, writing, code book, signal 
book, sketch, photograph, photographic negative, blue print, plan, 
map, model, instrument, appliance, or note relating to the national 
defense, willfully communicates or transmits or attempts to co-m- 
municate or transmit the same to any person not entitled to receive 
it, or willfully retains the same and fails to deliver it on demand 
to the officer or employee of the United States entitled to receive it: 
or (e) whoever, being intrusted with or having lawful possession or 
control of any document, writing, code book, signal book, sketch, 
photograph, photographic negative, blue print, plan, ma,p, model, 
'•note, or information, relating to the national defense, through gross 
negligence permits the same to be removed from its proper place 
of custody or delivered to anyone in violation of his trust, or to be 
lost, stolen, abstracted, or destroyed, shall be punished by a jine of 
not more than $10,000, or by invprisonment for not more than tiro 
years, or both. 

Sec. 2. (a) Whoever, with intent or reason to believe that it is to 
be used to the injury of the United States or to the advantage of a. 
foreign nation, communicates, delivers, or transmits, or attempts to, 
or aids or induces another to, communicate, deliver, or transmit, to 
any foreign government, or to any faction or party or military or 
naval force within a foreign country, whether recognised or unrecog- 
nized by the United States, or to any representative, officer, agent, em- 
ployee, subject, or citizen thereof, either directly or indirctly, any 
document, W7'iting, code book, signal book, sketch, photograph, photo- 
graphic negative, blue print, plan, map, model, note, instrument, ap- 
pliance, or information relaling to the national defense, shall be 
punished by imprisonmnent for not more than ttventy years: Provided, 
That tvhoever shall violate the provisions of subsection (a) of this 
section in time of war shall be punished by death or by itnprisonment 
for not more than thirty years: and (b) tvhoever, in time of war, 
with intent that the same shall be communicated to the enemy, shall 
collect, record, puhlish, or com^nunicate, or attempt to elicit any in- 
formation with respect to the movement, numbers, description, con- 

D. of. D. 
JUN h: 1917 



^^ ESPIONAGE BILL. 3 

^. ditio7i, or disposition of any of the armed forces^ ships, aircraft, or 
war materials of the United States, or with respect to the plans or 
^ conduct, or supposed plans or conduct of any naval or military opera- 
^ Hans, or loith respect to any works or measures undertaken for or con- 
nected loith, or intended for the fortification or defense of any place, 
or any other infornuition relating to the public defense, which might 
he useful to the enemy, shall he punished hy death or hy imprison- 
Tnent for not more than thirty years. 

Sec. 3. Whoever, when the United States is at war, shall willfully 
make or convey false reports or false statements with intent to inter- 
fere with the operation or success of the miUtary or naval forces of 
the United States or to promote the success of its enemies and who- 
ever, lohen the United States is at war, shall willfully cause or at- 
tenvpt to cause insuhordination, disloyalty, mutiny, or refusal of duty, 
in the military or naval forces of the United States, or shall tvillfully 
obstruct the recruiting or enlistment service of the United States, to 
the injury of the service or of the United States, shall he punished 
hy a fine of not more than $10,000 or infiprisonnnerit for not more than 
tioenty years, or hoth. 

Sec. 4. When the United States is at war, the publishing toillfully 
of information xvith respect to the movement, numbers, description, 
or disposition of any of the armed forces of the United States in 
7iaval or mjilitary operations, or icith respect to any of the works in- 
tended for the fortification or defense of any place, lohich informa- 
tion is useful to the enemy, is hereby prohibited ; and the President 
may from. tim.e to time by proclamation declare the character of 
such above described inform,ation which in his opinion is not useful 
to the enemy, and thereupon it shall be lawful to publish the same. 
In any prosecution hereunder the jury trying the cause shall deter- 
mine not only lohether the defendant did loiUfully publish such in- 
formation but also whether such information loas of such character 
as to be useful to the enemy: Provided, That nothing in this section 
shall be construed to limit or restrict any discussion, comment, or 
criticism of the acts or policies of the Govermnent or its representa- 
tives or the publication of the same, if such discussion, comment, or 
criticism does not disclose information herein prohihited. 

Whoever violates this section shall, upon conviction thereof, be 
punished by a fine of not more than $10,000 or by imprisonment for 
not more than five years, or both. 

Sec. 5. If two or more persons conspire to violate the provisions 
of sections two or three of this title, and one or more of such persons 
does any act to effect the object of the conspiracy , each of the parties 
to such conspiracy shall be punished as in said sections provided in 
the case of the doing of the act the accomplishment of which is the 
object of such conspiracy. Except as ahove provided conspiracies 
to commit offenses under this title shall be punished as provided by 
section thirty-seven of the Act to codify, revise, and amend the 
penal laws of the United States approved March fourth, nineteen 
hundred and nine. 

Sec. 6. Whoever harbors or conceals any person who he knows, or 
has reasonahle grounds to believe or suspect, has committed, or is 
about to commit, an offense under this title shall be punished by a 
fine of not more than $10,000 or by imprisonment for not more than 
two years, or both. 



4 ESPIONAGE BILL. 

Sec. 7. The President in time of xoar or in case of national emer- 
gency may hy proclcnnation designate any place ' other than those 
set forth in subsection (a) of section one hereof in which anything 
for the use of the Army or Navy is being prepared or constructed or 
stored as a pi^ohihited place for the purposes of this title : Provided., 
That he shall determine that information %uith respect thereto would 
be prejudicial to the national defense. 

Sec. 8. Nothing contained in this title shcill be deemed to limit 
the jurisdiction of the general courts-martial., military commissionSy 
or navcd courts-martial under sections thirteen hundred and forty- 
txDO., thirteen hundred and forty-three^ and sixteen hundred and 
twenty -four of the Revised Statutes as amended. 

Sec. 9. The provisions of this title shall extend to all territories, 
■possessions, and places subject to the jurisdiction of the United 
States lohether or not contiguous thereto, and offenses under this title 
lohen committed upon the high seas or elsewhere loithin the ad- 
miralty and maritime jurisdiction of the United States and outside 
the territorial limits thereof shall be punishable hereunder. 

Sec. 10. The Act entitled ^'■An Act to prevent the disclosure of 
national-defense secrets^'' approved March third, nineteen hundred 
and eleven, is hereby repealed. 

Title II. 

Vessels in ports of the United States. 

Section 1. Whenever the President by proclamation or Executive 
order declares a national emergency to exist by reason of axtual or 
threatened war, insurrection, or invasion, or disturbance or threat- 
ened disturbance of the international relations of the United States, 
the Secretary of the Treasury may make, subject to the approval of 
the President, rules and regulations governing the anchorage and 
movement of any vessel, foreign or domestic, in the territorial waters 
of the United States, may inspect such vessel at any time, place 
guards thereon, and, if necessary in his opinion in order to secure 
such vessels from damage or injury, or to prevent damage or injury 
to any harbor or waters of the United States, or to secure the observ- 
ance of the rights and obligations of the United States, may takCy 
by and with the consent of the President, for such purposes, full pos- 
session and control of such vessel and remove therefrom the officers 
and crew thereof and all other persons not specially authorized by 
him to go or remain on board thereof. 

Within the territory and %oaters of the Canal Zone the Governor 
of the Panama Canal, with the approval of the President, shall exer- 
cise all the powers conferred by this section on the Secretary of the 
Treasury. 

Sec. 2. If any oioner, agent, master^ officer, or person in charge, or 
any member of the crew of any such vessel fails to comply xoith any 
regulation or rule issued or order given by the Secretary of the 
Treasury or the Governor of the Panama Canal under the provisions 
of this title, or obstructs or interferes with the exercise of any power 
conferred by this title, the vessel, together xoith her tackle, apparel, 
furniture, and equipment, shall be subject to seizure and forfeiture to 
the United States in the same manner as merchandise is forfeited for 



ESPIOISrAGE BILL, 5 

violation of the customs revenue laws; and the person guilty of such 
failure^ obstruction^ or interference shall he paed not more than 
$10^000, or imprisoned not more than tioo years, or hoth. 

Sec. 3. It shall he unlawful for the owner or master or any other 
person in charge or command of any private vessel, foreign or do- 
mestic, or for any memher of the creio or other person, within the 
territorial luaters of the United States, willfully to cause or permit 
the destruction or injury of such vessel or knowingly to permit said 
vessel to he used as a place of resort for any person conspiring with 
o.nother or preparing to commit any offense against the United 
States, or in violation of the treaties of the United States or of the 
ohligations of the United States under the law of nations, or to de- 
fraud the United States, or hnowingl/y to permit such vessels to he 
used in violation of the rights and ohligations of the United States 
under the lata of nations,- and in case such vessel shall he so used, with 
the hnowledge of the oivner or master or other person in charge or 
command thereof, the vessel, together ivith her tackle, apparel, furni- 
ture, and equipment, shall he suhject to seizure and forfeiture to the 
United States in the same manner as merchamdise is forfeited for 
violation of the customs revenue laios; and whoever violates this sec- 
tion shall he fined not more than $10,000 or imprisoned not more than 
two years, or hoth. 

Sec. Jf.. The President may er)iploy such part of the land or naval 
forces of the United States as he may deem necessary to carry out 
the purpose of this title. 

Title III. 

Injuring vessels engaged in foreign commerce. 

Section 1. Whoever shall set fire to any vessel of foreign registry, 
or any vessel of American registry entitled to engage in commerce 
with foreign nations, or to any vessel of the United States as defined 
in section three hundred and ten of the Act of March fourth, nineteen 
hundred aoxd nine, entitled '•'•An Act to codify, revise, and amend the 
penal laws of the United States,^'' or to the cargo of the sairhe, or 
shall tamper with the motive power or instrumentalities of naviga- 
tion of such vessel, or shall place homhs or explosives in or upon such 
vessel, or shall do any other act to or upon such vessel ivhile tvithin 
the jurisdiction of the United States, or, if such vessel is of American 
registry, lohile she is on the high sea, with intent to injure or en- 
danger the safety of the vessel or of her cargo, or of persons on hoard, 
xohether the injury or danger is so intended to take place loithin the 
jurisdiction of the United States, or after the vessel shall have 
departed therefrom; or whoever shall attempt or conspire to do any 
such acts loith such intent, shall he fined not more than $10,000 or 
imprisoned not more than twenty years, or hoth. 

Title IT. 

Interference xoith foreign commerce hy violent means. 

Section 1. Whoever, when the United States is at war, shall will- 
fully prevent, interfere wfth, or ohstruct or attempt to prevent, 
interfere with, or ohst^mct the exportation to foreign countries of 



6 ESPIONAGE BILL. 

articles from the United States hy injuring or destroying, ly fire 
or explosives, such articles or the places where they may he while 
in such foreign commerce, shall he fined not more than $10,000, or 
imjJrisoned not m^ore than ten years, or hoth. 

Title V. , 

Enforcement of neutrality. 

Section 1. During a icar in tohich the United States is a neutral 
nation, the President, or any person thereunto authorized hy him, 
may luithhold clearance from or to any vessel, domestic or foreign, 
which is required hy law to secure clearance hefore departing from 
port or from the jurisdiction of the United States, or, hy service of 
formal notice upon the oivner, master, or person in command or 
having charge of any domestic vessel not required hy law to secure 
clearances hefore so departing, to forhid its departure from port or 
from the jurisdiction of the United States, whenever there is reason- 
ahle cause to helieve that any such vessel, domestic or foreign, 
whether requiring clearance or not, is about to carry fuel, arms, 
ammunition, men, supplies, dispatches, or information to any xoar- 
ship, tender, or supply ship of a foreign helligerent nation in viola- 
tion of the laivs, treaties^ or ohligations of the United States umder 
the law of nations; and it shall thereupon he unlawful for such 
vessel to depart. 

Sec. 2. During a war in which the United States is a neutral na- 
tion, the President, or any person thereunto authorized hy him, may 
detain any armed vessel owned wholly or in part hy Amercan citi- 
zens, or any vessel, domestic or foreign {other them one tvhich has 
entered the ports of the United States as a puhlic vessel), which is 
manifestly huilt for warlike purposes or has heen converted or 
adapted from a private vessel to one suitahle for warlike use, until 
the owner or master, m^ person having charge of such vessel, shall 
furnish proof satisfactory to the President, or to the person duly 
authorized hy him., that the vessel will not he employed hy the said 
owners, or master, or person having charge thereof, to crmse against 
or commit or attempt to commit hostilities upon the suhj^cts, citi- 
zens, or property of any foreign prince or state, or of any colony, 
district., or people with tohich the United States is at peace, and that 
the said vessel will not he sold or delivered to any helligerent nation, 
or to an agent, officer, or citizen of such nation, hy them or any of 
them, within the jurisdiction of the United States, or, having left 
that jurisdiction, upon the high seas. 

Sec. 3. During a wiar in lohich the United States is -i 7ieutral na- 
tion, it shall he unlawful to send out of the jurisdiction of the United 
States any vessel huilt, armed, or equipped as a vessel of war, or con- 
verted from a private vessel into a. vessel of war, loith any intent or 
under any agreement or contract, written or oral, that such vessel 
shall he delivered to a helligerent nation, or to an agent, officer, or 
citizen of such nation, or with reasonahle cause to helieve that the 
said vessel shall or will he employed in the service of any such hellig- 
erent nation after its departure from the jurisdiction of the United 
States. 



ESPIONAGE BILL. 



. ^^'^': ^- ^^]fl^iJ « '''^"" '^n ichlcJi the Umted mates is a neutral na- 
tion, in addition to the facts required hy sections forty-one hundred 
and mnety -seven, forty-one hundred and ninety-eight, and forty -two 
hundred of the^ Revised Statutes to he set out in the masters' and ship- 
pers^ manifests he fore clearance ivill he issued to vessels hound to 
foreign ports, each of which sections of the Revised Statutes is herehy 
declared to he and is continued in full force and effect, every master 
or person having charge or command of any vessel, domestic or 
foreign, whether requiring clearance or twt. he fore departure of such 
vessel from port shall deliver to the collector of customs for the dis- 
trict toherein such vessel is then located a statement duly verified 
hy oath, that the cargo or any part of the cargo is or is not to he de- 
livered to other vessels in port or to he transshipped on the high seas 
and, %f it is to he so delivered or transshipped, stating the kind and 
quantities and the value of the total quantity of each kind of article 
so to he delivered or transshipped, and the name of the person, cor- 
poration, vessel, or government, to whom the delivery or transship- 
ment is to he made; and the owners, shippers, or consignors of the 
cargo^ of such vessel shall in the same man/ner and wnder the same 
conditiom deliver to the collector like statements under oath as to the 
cargo or the parts thereof laden or shipped hy them, respectively. 

Se-c. 5. Whenever it appears thcct the vessel is not entitled to clear- 
ance or tohenever there is reasonable came to helieve that the addi- 
tional statements under oath required in the foregoing section are 
false, the collector of customs for the district in which the vessel i^ 
located may, suhject to review hy the Secretary of Commerce, refuse 
clearance to any vessel, domestic or foreign, and hy formal notice 
served upon the oivners, master, or person or persons in command 
or charge of any domestic vessel fw- which clearance is not required 
hy law, forhid the departure of the vessel from the port or from the 
jurisdiction of the United States; and it shall thereupon he unlawful 
foi" the vessel to depart. 

Sec. 6. Whoever, in violation of any of the provisions of this title, 
shedl take, or attempt or conspire to take, or cmthoHze the taking of 
any such vessel, out of port or from the jurisdiction of the United 
States, shall he fined not more than $10,000 or imprisoned not more 
than five years, or hoth; and, in addition, such vessel, her tackle, 
apparel, furniture, equipment, and her cargo shall he forfeited to 
tJie United States. 

Sec. 7. Whoever, heing a person helonging to the armed land or 
naval forces of a helligerent nation or helligerent faction of any 
nation and heing interned in the United States, in accordance with 
the law of nations, shcdl leave or attempt to leave said jurisdiction, 
or shall leave or cvttempt to leave the limits of internment in which 
freedom of movement has heen allowed, without permission from 
the proper official of the United States in charge, or shall toillfully 
overstay a leave of ahsence granted hy such official, shall he suhject 
to ari'est hy any marshal or deputy marshal of the United States, 
or hy the military or ixacval authorities thereof, and shall he returned 
to the place of internment and there confined and safely kept for such 
period of time as the official of the United States in charge shall 
direct; and whoever, within the jurisdiction of the United States and 
suhject thereto, shall aid or entice any interned person to escape 
or attempt to escape from the jurisdiction of the United States, or 



8 ESPIOiN^AGE BILL. 

from the limits of internTnent prescribed^ shall he fined not mm^e 
than $1,000 or imprisoned not more than one year, or both. 

Sec. 8. Section thirteen of the Act entitled ^'■An Act to codify^ 
revise^ and amend the penal laws of the United States,'' approved 
March fourth, nineteen hundred and nine, is hereby amended so as 
to read as follows: 

'■'■Sec. 13. Whoever, within the territory or jurisdiction of the 
United States or of any of its possessions, knowingly begins or sets 
on foot or provides or prepares a means for or furnishes the money 
for, or who takes part in, any military or naval expedition or enter- 
prise to be carried on from thence against the territory or dominion 
of any foreign prince or state, or of any colony, district, or people 
with whom the United States is at peace, shall be fined not more than 
$3,000 or imprisoned not more than three years, or both.'''' 

Sec. 9. That the President may employ such part of the land or 
naval forces of the United States as he may deem necessary to carry 
out the purposes of this title. 

Sec. 10. Section, fifteen of the Act entitled ^^An Act to codify, re- 
vise, and amend the penal laws of the United States,^'' approved 
March fourth, nineteen hundred and nine, is hereby am,ended so as 
to read as follows: 

" Sec. 15. It shall be laioful for the President to employ such part 
of the land or naval 'forces of the United States, or of the tnilitia 
thereof, as he may deem necessary 'to compel any foreign vessel to 
depart from the United States or any of its possessions in all cases 
in which, by the law of nations or the treaties of the United States, 
it ought not to remain, and to detain or prevent any foreign vessel 
from so departing in all cases in which, by the law of nations or 
the treaties of the United States, it is not entitled to depart.''^ 

Sec. 11. The joint resolution approved March fourth, nineteen hun- 
dred and fifteen, " To empower the President to better enforce and, 
maintain the neutrality of the United States ^^ and any Act or parts 
of Acts in conflict with the jyrovisions of this title are hereby re- 
pealed. 

Title VI. 

Seizure of arms and other articles intended for export. 

Section 1. Whenever an attempt is made to export or ship from 
or take out of the United States, any arms or munitions of toar, or 
other articles, in violatio7h of law, or whenever there shall be known 
or probahle cause to believe that any such arms or munitions of war, 
or other articles, are being or are intended to be exported, or shipped 
from, or taken out of tlie United States, in violation of law, the 
several collectors, naval officers, surveyors. Inspectors of customs, 
and marshals, and depxity marshals of the United States, and every 
other person duly authorized foi" the purpose by the President, may 
seize and detain any articles or munitions of war about to be exported 
or shipped from, or taken out of the United States, in violation of 
law, and the vessels or vehicles containing the same, and retain pos- 
session thereof until released or disposed of as hereinafter directed. 
If upon due inquiry as hereinafter provided, the property seized 
shall appear to have been about to be so unlawfully exported, shipped 
from, or taken out of the United States, the same shall be forfeited 
to the United States. 



ESPIO-NAGE BI1.L. 9 

Sec. 2. It shall he the duty of the i^erson making any seizure under 
this title to apjyly, ivith due diligence, to the judge of the district 
court of the United States, or to the judge of the United States dis- 
trict court of the Canal Zone, or to the judge of a court of first 
instance in the Philippine Islands, having jurisdiction over the place 
toithin which the seizure is made, for a warrant to justify the further 
detention of the property so seized, which tuarrant shall he granted 
only on oath^ or affirmation shoroing that there is known or ^prohahle 
cause to helieve that the property seized is heing or is intended to 
he exported or shipped from or taken out of the United States in 
violation of law ; and if the judge refuses to issue the warrant, or 
■application therefor is not 7nade hy the person making the seizure 
within a reasonahle time, not exceeding ten days after the seizure, 
the property shall forthivith he restored to the owner or person from 
whom seized. If the judge is satisfied that the seizure toas justified 
under the provisions of this title and issues his warrant accordingly, 
then the property shall he detained hy the person seizing it until the 
President, who is herehy expressly authorized so to do, orders it to he 
restored to the owner or claimant, or wntil it is discharged in due 
course of law on petition of the claimant, or on trial of condemnation 
proceedings, as hereinafter provided. 

^ Sec. 3. The owner or claimant of any property seized under this 
title ^ may, at any time hefore condemnation proceedings have heen 
instituted, as hereinafter provided, fie his petition for its restora- 
tion in the district court of the United States, or the district court 
of the Canal Zone, or the court of first instajice in the Philippine 
Islands, having jurisdiction over the place in which the seizure loas 
made, tohereupon the court shall advance the cause for hearing and 
determination with all possihle dispatch, and, after causing notice 
to he given to the United States attorney for the district and to 
the person making the seizure, shall proceed to hear and decide 
tohether the property seized shall he restored to the petitioner or 
forfeited to the United States. 

Sec. If.. Wthenever the person making any seizure under this title 
applies for and ohtains a warrant for the detention of the property, 
and (a) upon the hearing and determination of the petition of the 
owner or claimant restoration is denied, or {h) the oivner or claimant 
fails to file a petition for restoration within thirty days after the 
seizure, the United States attorney for the district wherein it was 
seized, upon direction of the Attorney General, shall institute lihel 
proceedings in the United States disti^ict court or the district court 
of the Canal Zone or the court of first instance of the Philippine- 
Islands having jurisdiction over the place wherein the seizure was 
made, against the property for condemnation; and if, after trial 
and hearing of the issues involved, the property is condemned, it 
shall he disposed of hy sale, and the proceeds thereof, less the legal 
costs and charges, paid into the Treasury. 

Sec. 5. The proceedings in such summary trials upon the petition 
of the owner or claimant of the jyroperty seized, as well as in the 
lihel cases herein provided for, shall conform, as near as may he, to 
the proceedings i7i admiralty, except that either pjarty may demand 
trial hy jury of any issue of fact joined in such lihel cases, and all 
such proceedings shall he at the suit of and in the name of the United 
States: Provided, That upon the payment of the costs and legal 



10 ESPIONAGE BILL. 

expenses of hoth the summary trials and the libel proceedings herein 
provided for, and the execution and, delivery of a good and sufficient 
bond in an amount double the value of the property seized, con- 
ditioned that it toill not be exported or used or employed contrary 
to the provisions of this title, the court, in its discretion, may direct 
that it be delia^ered to the otoners thereof or to the clainmnts thereof. 

^ec. 6. Except in those cases in which the exportation of arms and 
munitions of loar or other articles is forbidden by proclanfiation or 
otherivise by the President, as provided in section one of this title^ 
nothing herein contained shall be construed to extend to, or interfere 
with any trade in such commodities, conducted loith any foreign port 
or place toheresoever, or toith any other trade lohich might have been 
lawfully carried on before the passage of this title, under the law of 
nations, or under the treaties or conventions entered into by tJie 
United States, or under the laws thereof. 

Sec. 7. Upon payment of the costs and legal expenses incurrd. in 
any such summary trial for possession or libel proceedings, the Presi- 
dent is hereby authorized, in his discretion, to order the release and 
restoration to the owner or claimant, as the case mmj be, of any 
property seized or condemned under the provisions of this title. 

Sec. 8. The President may enbploy such part of the land or naval 
forces of the United States as he may deem necessary to carry out the 
purposes of this title. 

Title VII. 
Certain exports in time of loar unlawful. 

Section 1. Whenever during the present war the President shall 
find that the puhlic safety shall so require, and shall mahe proclaina- 
tion thereof, it shall be unlawful to export from or ship from or take 
out of the United States to any country named in such proclamation 
any article or articles m^entioned in such proclamation, except at such 
time or times, and under such regulations and orders, and subject to 
such limitations and exceptions as the President shcdl prescribe, until 
otherwise ordered by the President or by Congress: Provided, how- 
ever, That no preference shall be given to the ports of one State over 
those of another. 

Sec. '2. Any person 'who shall export^ ship, or take out, or deliver 
or attempt to deliver for export, shipment, or taking out, any article 
in violation of this title, or of any regulation or order made here- 
under, shall be fined not more than $10,000, or, if a natural person, 
imprisoned for not more than ttvo years, or both; and any article so 
delivered or exported, shipped, or taken out, or so attempted to be 
delivered or exported, shipped, or taken oiit, shall be seized and, for- 
feited to the United States,' and any officer, director, or agent of a 
corporation wlw participates in any such violation shall be liable to 
like fine or imprisonment, or both. 

Sec. 3. Whenever there is reasonable cause to believe that any 
vessel, domestic or foreign, is about to carry out of the United States 
any article or articles in violation of the provisions of this title, the 
collector of customs for the district in which such vessel is located 
is hereby authorized and empowered, subject to revieio by the Sec- 
retary of Commerce, to refuse clearance to any such vessel^ domestic 
or foreign, for which clearance is required by law, and by formal 



ESPIONAGE BILL. H 

notice served upon the oioners, master, or person or persons in com- 
mand or charge of any domestic vessel for lohich clearance is not 
required hy law, to forhid the departure of such vessel from the 
port, and it shall thereupon he unlcvwful for such vessel to depart. 
Whoever, in violation of any of the provisions of this section shall 
take, or attempt to take, or authorize the taking of any such vessel, 
out of port or from the jurisdiction of the United States, shall be 
fined not more than $10,000 or impi'isoned not more than two years, 
or both; and, in addition, such vessel, her tackle, apparel, furniture, 
equipment, and her forbidden cargo shall be forfeited to the Unitecl 
States. 

Title Tin. 

Disturbance of foreign relations. 

Section 1. ^Whoever, in relation to any dispute or controversy be- 
tween a foreign government and the United States, shcdl willfully 
and knowingly make any untrue statement, either orally or in writ- 
ing, under oath before any person authorized and empowered to ad- 
minister oojths, which the affiant has knowledge or reason to believe 
will, or may be used to influence the measures or conduct of any for- 
eign government, or of any officer or agent of any foreign govern- 
m^ent, to the injury of the United States, or with a view or intent 
to influence any ineasure of or action by the Government of the 
United States, or any branch thereof, to the injury of the United 
States, shall be fined not more than $6,000 or imprisoned not ^nore 
than five years, or both. 

Sec. B. Whoever toithin the ju7-isdiction of the United^ States shall 
falsely assume or pretend to be a diplomatic or consular, or other 
official of a foreign government d,uly accredited as such to the Gov- 
er^iment of the United States with intent to defraud such foreign 
government or any person, and shall take upon himself to act as such, 
or in such pretended character shcdl demand or obtain, or attempt 
to obtain from any person or from said foreign government, or frotn 
any officer thereof, any money, paper, document, or other thing of 
value, shall be fi,ned not more than $5,000, or imprisoned not more 
than five years, or both. 

Sec. 3. Whoever, other than a diplomatic or consular officer or 
attache, shall act in the United States as an agent of a foreign govern- 
fnent without prior notification to the Secretary of State shall be fined 
not more than $5,000, or imprisoned not more than five years, otS 
both. 

Sec. If. The tvords " foreign government^'' as used in this Act and 
in sections one hundred and fifty-six, one hundred and fifty -seven, 
one hundred and sixty -one, one hundred and seventy, one hundred 
and seventy-one, one hundred and seventy-two, one hundred and 
seventy-three, and two hundred and twe7ity of the Act of March 
fourth, nineteen hundred and nine, entitled " An Act to codify, revise, 
and amend the penal laios of the United States,''^^ shall be deemed to 
include any government, faction, or body of insurgents ivithin a 
country with which the United States is at peace, which government, 
faction, or body of insurgents may or may not have been recognized 
by the United States as a government. 



12 espiojStage bill. 

Sec. 5. If two or more persons within the jurisdiction of the United 
States conspire to injure or destroy specific property situated within 
a foreign country and belonging to a foreign government or to any 
political subdivision thereof %oith which the United States is at 
peace., or any railroad., canal., bridge., or other public utility so situ- 
ated^ and if one or more of such persons commits an act within the 
jurisdiction of the United States to effect the object of the conspiracy ., 
each of the parties to the conspiracy shall be fined not Tnore than 
$5,000., or imprisoned not m,ore than three years., or both. Any in- 
dictment or information under this section shall describe the specific 
jjroperty which it was the object of the conspiracy to injure or destroy. 

Title IX. 

Passports. 

Section 1. Before a passport is issued to any person by or under 
authority of the United States such person shall subscribe to and sub- 
mit a written application duly verified by his oath before a person 
authorized and empowered to administer oaths., which said applica- 
tion shall contain a true recital of each and every matter of fact 
which may be required by laio or by any rules authorized by lata to 
be stated as a prerequisite to the issuance of any such passport. 
Clerks of United States courts., argents of the Department of State., 
or other Federal officials authorized., or toho rnay be oMthorized., to 
take passport applications and administer oaths thereon, shall col- 
lect, for all services in connection therewith, a fee of $1, and no more, 
in lieu of all fees prescribed by any statute of the United States, 
whether the application is executed singly, in duplicate, or in trip- 
licate. 

Sec. 2. Whoever shall willfully and knowingly make any false 
statement in an application for passport xoith intent to induce or 
secure the issuance of a passport under the authority of the United 
States, either for his own use or the use of another, contrary to the 
laws regulating the issuance of passports or the rules prescribed 
'pursuant to such laws, or tohoever shall toillfully and knowingly 
use or attempt to use, or furnish to another for use, any passport 
the issue of which was secured in any way by reason of any false 
statement, shall be fined not more than $2,000 or imprisoned not 
more than five years, or both. 

Sec. 3. Whoever shall willfully and, knowingly use, or attempt to 
use, any passport issued or designed for the use of another than 
himself, or whoever shall toillfully and knowingly use or attempt to 
use any passport in violation of the conditions or restrictions there- 
in contained, or of the rules prescribed pursuant to the laws regulat- 
ing the issuance of passports, lohich said rules shall be printed on 
the passport; or lohoever shall willfully and knowingly furnish, dis- 
pose of, or deliver a passport to any person, for use by another than 
the person for tohose use it was originally issued and designed, shall 
be -fined not more than $2,000 or imprisoned not more than five years, 
or both. 

Sec. If. Whoever shall falsely make, forge, counterfeit, mutilate, 
or alter, or cause or procure to be falsely made, forged, counterfeited, 
mutilated, or altered any passport or instrument purporting to be a 



ESPIONAGE BILL. 13 

'passport, with intent to use the same, or loith intent that the same 
may he used hy another,- or whoever shall willfully and knoioingly 
use, or attempt to use, or furnish to another for use any such false, 
forged, counterfeited, mutilated, or altered passport or instrument 
purporting to he a passport, or any passport validly issued which 
has^ become void hy the occurrence of any condition therein pre- 
scrihed invalidating the same, shall he fined not more than $2,000 or 
imprisoned not more than -five years, or hoth. 

Title X. 

Counterfeiting Government seal. 

Section 1. Whoever shall fraudulently or wrongfully affix or im- 
press^ the seal of any executive department, or of amy hureau, com- 
mission, or office of _ the United States, to or upon any certificate, in- 
strument, commission, document, or paper of any description; or 
whoever, with knowledge] of its fraudulent character, shall with 
wrongful or fraudulent intent use, huy, procure, sell, or transfer to 
another any such certificate, instrument, commission, document, or 
paper, to which or upon whieh said seal has heen so fraudulently 
affixed or impressed, shall he fined not more than $5,000 or imprisoned 
not more than five years, or hoth. 

Sec. 2. Whoever shall falsely make, forge, counterfeit, mutilate, 
or alter, or cause or procure to he made, forged, counterfeited, 
mutilated, or altered, or shall loillingly assist in falsely making, 
forging, counterfeiting, mutilating, or altering, the seal of any 
executive department, or any hureau, commission, or office of the 
United States, or whoever shall knoioingly use, affix, or impress any 
such fraudulently made, forged, counterfeited, mutilated, or altered 
seal to or upon any certificate, instrument, commission, document, or 
paper, of any description, or whoever wUh wrongful or fraudulent 
intent shall have possession of any such falsely made, forged, counter- 
feited, mutilated, or altered seal, knowing the same to have heen so 
falsely made, forged, counterfeited, mutilated, or altered, shall he 
fined not more than $5,000 or imprisoned not more than ten yearsy 
or hoth. 

Title XI. 
Search warrants. 

Section 1. A search warrant authorized hy this title may he issued 
hy a judge of a United States district court, or hy a judge of a State 
or Territorial court of record, or hy a United States commission-er 
for the district wherein the property sought is located. 

Sec. %. A search loarrant may he issued under this title upon either 
of the following grounds: 

1. When the property was stolen or emhezzled in violation of a 
laio of the United States; in which case it may he taken on the toar- 
rant from any house or other place in which it is concealed, or from 
the possession of the person hy vohom it loas stolen or embezzled., or 
from any person in whose possession it may he. 

2. When the property was used as the means of committing a 
felony; in lohich case it may he taken on the warrant from any house 



14 ESPlOISrAGE BILL. 

or other -place in which it is concealed^ or from the possession of the 
person hy xohom it loas used in the commission of the offense^ or from 
any person in whose possession it may he. 

3. When the property^ or any paper., is possessed, controlled, or 
used in violation of section twenty-two of this title; in xohich case it 
may he taken on the warrant from the person violating said section, 
or from any person in whose possession it may he, or from any 
house or other place in which it is concealed. 

Sec. 3. A search warrant can not he issued hut upon prohable cause, 
supported hy affidavit, naming w descrihing the person and partic- 
ularly descrihing the property and the jjlace to he searched. 

Sec. 4- The judge or comniissioner must, hefore issuing the war- 
rant, examine on oath the cotnplainant and any loitness he unay pro- 
duce, and require their affidavits or take their depositions in writing 
and cause th&m to he suhscrihed hy the parties makimg them. 

Sec. 6. The affidavits or depositions 7nust set forth the facts tend- 
ing to establish the grounds of the application or prohable cause for 
helieving that they exist. 

Sec. 6. If the judge' or commissioner is thereupon satisfied of the 
existence of the grounds of the application or that there is prohable 
cause to helieve their existence, he must issue a search waiTant, signed 
hy him with his name of office, to a civil officer of the United States 
duly authorized to enforce or assist in enforcing any law thereof, or 
to a person so duly authorised hy the President of the United States, 
stating the particular grounds or prohable cause for its issue and the 
names of the persons whose affidavits have: heen taken in support 
thereof, and commaiuling him forthtoith to search the pei'son or 
place named, for the property specified, and to hring it hefore the 
judge or co7nmissioner. 

Sec. 7. A search warrant may in all cases he served hy any of the 
officers mentioned in its direction, hut hy no other person, except in 
aid of the officer on his requiring it, he heing present and acting in 
its execution. 

Sec. 8. The officer may hreak open any outer or inner door w 
window of a house, or any part of a house, or anything therein, to 
execute the warrant, if, after notice of his authority and purpose, he 
is refused admittance. 

Sec. 9. He may hreak open any outer ot* inner door or window 
of a house, for the purpose of liberating a person %vho, having entered 
to aid him in the execution of the tmrrant, is detained tJierein, or 
when necessary for his oivn liberation. 

Sec. 10. The judge or commissioner must insert a direction in the 
warrant that it he served in the daytime, unless the affidavits are 
positive that the property is on the person or in the place to he 
searched, in tvhich case he may insert a direction that it he served at 
any time of the day or night. 

Sec. 11. A search warrant must he executed and returned to the 
judge or commissioner who issued it within ten days after its date; 
after the expiration of this time the warrant, unless executed, is void. 

Sec. 12. When the officer takes property under the warrant, he 
must give a copy of the warrant together loith a receipt for the prop- 
erty taken {specifying it in detail) to the person from tvhom it was 
taken hy him, or in whose possession it was found; or, in the ahsenee 



ESPIONAGE BILL. 15 

of any person^ he must leave it in the flace where he found the 
property. 

Sec. 13. The offix-er must forthwith return the warrant to the judge 
or commissioner and' deliver to hi7n a written inventory of the prop- 
erty taken, made publicly or in the presence of the person from whose 
possession it loas taken, and of the applicant for the warrant., if they 
are present, verified by the affidavit of the officer at the foot of the 
inventory and taken before the judge or commissioner at the time, to 
the following effect: " /, R. S., the officer by whom this warrant loas 
executed, do swear that the above inventory contains a true and 
detailed account of all the property taken by me on the warrant.'''' 

Sec. llf.. The judge or commissioner must thereupon, if required, 
deliver a copy of the inventory to the person from whose possession 
the property ukls taken and to the applicant for the warrant. 

Sec. 15. If the grounds on which the warrant was issued be con- 
troverted, the jud^ge or comtnissioner must proceed to take testimony 
in relation thereto, and the testimony of each toitness must be reduced 
to ivriting and subscribed by each witness. 

Sec. 16. If it appears that the property or paper taken is not the 

same as that described in the warrant or that there is no probable 

cause for believing the existence of the grounds on which the warrant 

.%joas issued, the judge or com^nissioner must cause it to be restored. 

.^io the person from whom it was taken; but if it appears that the 

'i property or paper taken is the same as that described in the loarrant 

and that there is probable cause for believing the existence of the 

grounds on which the warrant loas issued, then the judge or con- 

missioner shall order the same retained in the custody of the person 

seizing it or to be otherwise disposed of according to law. 

Sec. 17. The judge or commissioner must annex the affidavits, 

: search warrant, return, inventory, and evidence, and if he has not 

' poxver to inquire into the offense in respect to which the loarrant xvas 

issued he must at once file the same, together icith a copy of the 

record of his proceedings, vnth the clerk of the court hav'mg power 

to so inquire. 

Sec. 18. Whoever shall knowingly and loillfully obstruct, resist, 
or oppose any such officer or person in serving or attempting to serve 
or execute any such search ivarrant, or shall assault, beat, or wound 
any such officer or person, knowing him to be an offi^cer or person so 
authorised, shall be fined not more than $1,000 or imprisoned not 
more than ttvo years. 

Sec. 19. Sections one hundred and twenty-five and one hundred 
and twenty-six of the Crimiiial Code of the United States shall 
apply to and embrace all persons making oath or affirmation or pro- 
curing the same under the provisions of this title, and such persons 
shall be subject to all the pains and penalties of said sections. 

Sec. W. A person who maliciously and without probahle cause 
procures a search warrant to be issued and executed shall be fined 
not more than $1,000 or imprisoned not more than one year. 

Sec. ^1. An officer who in executing a search warrant willfully 
exceeds his authority, or exercises it tvith unnecessary severity, shall 
be fined not more than $1,000 or imprisoned not 7nore than one year. 

Sec. 22. Whoever, in aid of any foreign government, shall know- 
ingly and willfully have possession of or control over any property 



16 ESPIONAGE BILL. 

or paj)e7's designed or intended for use or luMch is used as the means 
of violating any penal statute, or any of the rights or obligations of 
the United States under any treaty or the law of nations, shall he 
fined not more than $1,000 or imprisoned not more than tivo years, 
or both. 

Sec. 23. Nothing contained in this title shall be held to repeal or 
impair any existing provisions of law regulating search and the issue 
of search toarrants. 

Title XII. 
Use of mails. 

Section 1. Every letter, writing, circular, postal card, picture, print, 
engraving , photograph, newspaper, pamphlet, hook, or other publi- 
cation, matter, or thing, of any kind, in violation of any of the 
p7'0 visions of this Act, or intended or calculated to induce, promote, 
or further any of the acts or things by any provision of this Act 
declared unlawful, is hereby declared to be nonmailable matter and 
shall not be conveyed in the mails or delivered from any .post office 
or by any letter carrier :. Provided, That nothing in this Act shall 
be so construed as to authorise any person other than an employee 
of the Dead Letter Office, duly authorized thereto, or other person 
upon a search warrant authorized by laio, to open any letter not 
addressed to himself. 

Sec. 2. Every letter, tv?'iting, circular, postal card, picture, print, 
engraving, photograph, netvspaper, pamphlet, book, or other publica- 
tion, matter or thing, of any kind, containing any matter advocating 
or urging treason, insurrection, or forcible resistance to any law of 
the United States, is hereby declared to be nonmailable. 

Sec. 3. Whoever shall use or attempt to use the mails or Postal 
Service of the United States for the transmission of any matter de- 
clared by this title to be nonmailable, shall be fined not more tlian 
$5,000 or imprisoned' not m.ore than fi.ve years, or both. Any person 
violating any provision of this title may be tried and punished either 
in the district in which the u/nlawful matter or publication was 
mailed, or to which it was carried by mail for delivery according to 
the direction thereon, or in which it was caused to be delivered hy 
mail to the person to whom it loas addressed. 

Title XIII. 

General provisions. 

Section 1. The term "• United States " as used in this Act includes 
the Canal Zone and all territory and waters, continental or insular, - 
subject to the jurisdiction of the United States. 

Sec. 2. The several courts of first instance in the Philippine Islands 
and the district court of the Canal Zone shall have jurisdiction of 
offenses under this Act comnvitted within their respective districts, 
and concurrent jurisdictio7i with the district courts of the United 
States of offenses under this Act committed upon the high seas, and 
of conspiracies to commit such offenses, as defined by section thirty- 
seven of the Act entitled '■'•An Act to codify, revise, and amend the 



ESPIONAGE BILL. 17 

penal laws of the United States,'''' approved March fourth, nineteen 
hwndred and nine, and the, provisions of said section, for the purpose 
of this Act, are herehy extended to the Philippine Islands, and to the 
Canal Zone. In such cases the distri,ct attorneys of the Philippine 
Islands and, of the Canal Zone shall have the powers and perform the 
duties provided in this Act for United States attorneys. 

Sec. 3. Offenses committed and penalties, forfeitures, or liabilities 
incurred prior to the taking effect hereof imder any law embraced 
in or changed, modified, or repealed hy any chapter of this Act may 
he prosecuted and punished, amd suits and proceedings for causes 
arising or acts done or committed prior to the taking effect hereof 
may he commenced and prosecuted, in the same manner and with t\he 
same effect as if this Act had not been passed. 

Sec. Jf. If any clause, sentence, paragraph, or part of this Act shall 
for any reason be adjudged by any court of competent jurisdiction 
to be invalid, such judgment shall not affect, impair, or invalidate 
the remainder thereof but shall be confined in its operation to the 
clause, sentence, paragraph, or part thereof directly involved in the, 
controversy in lohich such judgment shall have been rendered. 
And the Senate agree to the same. 

Lee S. Overman, * 

• Duncan U. Fletcher, 

Knute Nelson, 
Managers on the part of the Senate. , 
E. Y. Webb, 
C. C. Carlin, 
A. J. Volstead, 
Managers on the part of the House. 
S. Doc. 37, 65-1 2 

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